Cadila Healthcare Ltd v. Morepen Laboratories Ltd

A.No.829 of 2021 A.No.829 of 2021 C.V.KARTHIKEYAN J, This application has been filed seeking leave to institute the suit, taking advantage of Clause 12 of the Letters Patent. Mr.P.S.Raman, learned Senior Counsel stated that though the registered Office of the defendants was at Himachala Pradesh, they have also have two Branch Offices at Anna Nagar within the jurisdiction of this Court where the business is being carried on by the defendants. Quite apart from that, it is also pointed out that the defendants have effected advertisement and a specific averment is made that one of the employees of the plaintiff, Mr.Rajkumar, who is residing within the jurisdiction of this Court had seen an advertisement prominently affixed in Chennai.

2. It is therefore stated that the substantial cause of action particularly with respect to the relief sought for infringement has arisen within the jurisdiction of this Court.

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3. In view of that fact, leave to sue is granted. Application is allowed.

4. Registry is directed to number the plaint, if it is otherwise in order.

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